DWARPAL Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 24-10-2007 passed by IInd Additional Sessions Judge, Balodabazar, in Sessions Trial No. 456/2006. By the impugned judgment, accused/appellant Dwarpal has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/- in default of payment of fine, to further undergo rigorous imprisonment for 5 years. The case of the prosecution in brief is as under:

(2.) Shri J.R. Verma, learned counsel appearing for the appellant argued that the appellant has been falsely implicated. The prosecution has relied upon evidence of Ram Kumar Kashyap (PW-7), but on the basis of his evidence the prosecution has not been able to prove that the appellant killed the deceased. The statement of Ram Kumar Kashyap (PW-7) under Section 161 Cr.P.C. was recorded after three days of the incident. Ram Kumar Kashyap (PW-7) did not assign any reason for his 3 days' late disclosure, therefore, his conduct is unnatural and highly suspicious; he is untrustworthy and the conviction based upon his such testimonies cannot be sustained. Learned counsel for the appellant placed reliance on Mohamed Ankoos and others Vs. Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, 2010 1 SCC 94, Dharam and others Vs. State of Haryana, 2007 15 SCC 241, Bihari Rai Vs. State of Bihar, 2008 15 SCC 778 and Nafe Singh Vs. State of Haryana, 2009 12 SCC 408.

(3.) On the other hand, Shri Adil Minhaj, learned Panel Lawyer appearing on behalf of the State/respondent opposed these arguments and supported the impugned judgment passed by the learned Additional Sessions Judge.